Case Western Reserve Journal of International Law Volume 37 Issue 2 Article 19 2006 Guantanamo and Citizenship: An Unjust Ticket Home Rory T. Hood Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Rory T. Hood, Guantanamo and Citizenship: An Unjust Ticket Home, 37 Case W. Res. J. Int'l L. 555 (2006) Available at: https://scholarlycommons.law.case.edu/jil/vol37/iss2/19 This Note is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. GUANTANAMO AND CITIZENSHIP: AN UNJUST TICKET HOME? Rory T. Hood t "Trying to get Uganda to take an interest is pretty difficult; [JamalAbdul- lah Kiyemba has] been here since he was 14. 1 am asking the [Foreign Of- fice] whether they will allow him to apply for citizenship from Guan- tanamo Bay. If you are out of the countryfor more than two years, it can be counted against you. He probably has now been-but not of his own free will.' -Louise Christian - Atty. representing Jamal Abdullah Kiyemba I. INTRODUCTION Jamal Abdullah Kiyemba, Bisher al-Rawi, Jamil al-Banna, Shaker Abdur-Raheem Aamer, and Omar Deghayes are currently in the custody of the United States government at Guantanamo Bay, Cuba.2 A citizen of Uganda, an Iraqi exile, a Jordanian refugee, a Saudi citizen, and a Libyan exile, respectively, these men form an unlikely group; yet, each share one common trait. All five are British residents interned at Guantanamo Bay. The plight of this group led the British media to label them "The Forgotten 4 Five." Alleged mistreatment of the detainees at Guantanamo Bay has cre- ated international and domestic unrest.5 This delicate situation led one in- I B.A., State University of New York at Binghamton (2003); J.D. Case Western Reserve University School of Law (2006). I would like to thank Associate Dean Hiram Chodosh, Melissa Benson and William Carmines for their guidance in the development of this Note. I would also like to thank Megan Chumetski, my parents and my sister for their support. 1 Tania Branigan & Vikram Dodd, Plea for Forgotten Men at US. Base, GuARDL N (London), Jan. 15, 2004, at 8. 2 Nigel Morris, Guantanamo Britons Return: At Least Five British Residents Are Left Behind in Camp Delta, INDEPENDENT (London), Jan. 26, 2005, at 7. As of October 12, 2005, nine British residents are in the custody of the United States government at Guantanamo Bay. Asim Qureshi, Report on the Status of British Residents Held in Guantanamo Bay and the Obligation on the UK Government to Provide them Diplomatic Support, CAGEPRISONERS.COM, Oct. 12, 2005, http://www.afterdowningstreet.org/downloads/asim3.p df. 3 Morris, supra note 2. 4 Tony Allen-Mills, Detaineeclaims he was MI5 link man, SUNDAY TIMES (London), Jan. 16, 2005, at 7. 5 Omar Akbar, Note, Losing Geneva in Guantanamo Bay, 89 IowA L. REv. 195, 197 (2004). CASE W. RES. J. INT'L L. [Vol. 37:555 ternational journalist to remark, "the whole Guantanamo saga has been a disgrace from the start and something that has sullied the reputation of the United States the world over."6 Moreover, in memoranda to superiors, nu- merous FBI agents allege that they witnessed aggressive interrogation prac- tices used against the detainees.7 Detainees were "shackled to the floor in fetal positions for more than 24 hours at a time, left without food and water, and allowed to defecate on themselves. ,,8 Interrogators also used growl- ing dogs, and "one detainee was wrapped in an Israeli flag and bombarded with loud music in an apparent attempt to soften his resistance to interroga- tion." 9 Additionally, in an August 2002 memorandum to Alberto R. Gonza- les, Jay S. Bybee concluded that "certain acts may be cruel, inhuman, or degrading, but still not produce pain and suffering of the requisite intensity to fall within [U.S. statutory] proscription against torture." 10 Notwithstand- ing alleged abuse at Guantanamo Bay, "The Forgotten Five" remain in the custody of the United States without formal charge." After the death of his father, at age fourteen, Jamal Abdullah Ki- yemba moved to Britain from his native Uganda, to be with his mother, a British citizen. 12 He "lived in Britain for 10 years and is eligible for citizen- ship, but has not so far applied due to an oversight."1 3 Although Kiyemba never obtained a British passport, "[h]e has indefinite-leave to remain [in Britain]."' 14 Born into a Roman Catholic family, Kiyemba converted to Is- lam while a student and began to attend the Finsbury Park mosque in Lon- don controlled by the militant cleric Abu Hamza.15 Kiyemba's detention 6 Leading Article: The Return of the Last British Detainees Will Not End the Disgrace of Guantanamo, INDEPENDENT (London), Jan. 12, 2005, at 30. 7 David Eggen & R. Jeffrey Smith, FBI Agents Allege Abuse of Detainees at Guantanamo Bay, WASH. POST, Dec. 24, 2004, at Al. 8 Id. 9 Id. 10 Memorandum from Jay S. Bybee, Assistant Attorney Gen., U.S. Dep't of Justice, to Alberto R. Gonzales, Counsel to the President, Standards of Conduct for Interrogation under 18 U.S.C. §§ 2340-2340A (Aug. 1, 2002), available at http://www.washingtonpost.com/wp- srv/nation/documents/dojinterrogationmemo20020801 .pdf. 11 Morris, supra note 2. 12 Branigan & Dodd, supra note 1. 13 id. 14 Patrick McGowan, Another London Man Has Been Held For Nine Months at Guan- tanamo, EVENING STANDARD (London), Aug. 1, 2003, at A2. 15 Vikram Dodd, Twelfth Briton Held in Cuba, GUARDIAN (London), Aug. 1, 2003, at 11; McGowan, supra note 14. 2006] GUANTANAMO AND CITIZENSHIP may be the result of his connection to Abu Hamza and the Finsbury mosque, but the precise conditions of his detention are unknown. 16 Similarly, Bisher al-Rawi's family left Iraq twenty-five years ago to flee the oppression of Saddam Hussein's Ba'athist regime.' 7 After settling in Britain, the entire family became citizens, with the exception of al-Rawi. 18 As the youngest member of his family, al-Rawi retained his Iraqi citizenship so that one day his family might be able to regain assets seized by the Ba'athists. 19 In 2002, al-Rawi traveled to The Gambia to establish a peanut- processing business, but local authorities took him into custody upon arri- val.20 According to the United States, al-Rawi "is detained because he ad- mitted helping Abu Qatada, a London preacher with alleged ties to Al- 2 Qaeda, find an apartment, among other things.", 1 Alternatively, al-Rawi claims that he acted as a "go-between" for British intelligence and Abu Qatada.22 In 1994, Jamil EI-Banna fled political persecution in Jordan and was granted asylum in the United Kingdom. 23 Authorities arrested El- Banna, a business partner of al-Rawi, along with al-Rawi in The Gambia.24 Shaker Abdur-Raheem Aamer is a Saudi citizen who moved to the United Kingdom in 1996.25 He allegedly traveled to Afghanistan to perform charity work, but was captured by the Northern Alliance in Afghanistan and turned over to the custody of the United States.26 The United States has disclosed no allegation against Aamer.27 16 Cf Dodd, supra note 15 (indicating that current and former British detainees in Camp Delta have been linked to the mosque); Sean O'Neill, How a Millfield Boy Ended Up in Camp Delta, TIMES (London), July 10, 2004, at 9. 17 O'Neill, supra note 16. 18 Id. 19 Id. 20 Toni Locy, Detainees' Cases Show Another Side of Gitmo, USA TODAY, Nov. 4, 2004, at 19A. 21 id. 22 Severin Carrell, "I was M15 Go-Between, " Says Briton Held in Guantanamo, INDEPENDENT ON SUNDAY (London), Jan. 16, 2005, at 1. 23 Victoria Brittain, The Ones Left Behind: Four Britons Were Releasedfrom Guantanamo Bay Last Month: So Why is Jamil el Banna Still in His Cell and Why is the Government Doing Nothing?: Victoria Brittain Meets His Family, GUARDIAN (London), Feb. 19, 2005, at 22. 24 Id. 25 Morris, supra note 2. 26 id. 27 Clare Rudebeck, Family of British Resident Held at Guantanamo Appeal for His Re- turn, INDEPENDENT (London), Feb. 8, 2005, at 18. CASE W. RES. J. INT'L L. [Vol. 37:555 Finally, Omar Deghayes is a "Libyan whose family [came to Britain after fleeing] the Gaddafi regime 19 years ago.",28 Deghayes, "a partially blind law graduate... was allegedly moved to Guantanamo Bay after being caught by bounty hunters in Pakistan. 29 The British Foreign and Commonwealth Office ("FCO") actively sought the release of nine British citizens held at Guantanamo Bay, but has overlooked these men. 30 Its purpose is "to work for the [United Kingdom's] ' interests in a safe, just, and prosperous world."'0 The FCO worked dili- gently to insure that British citizens, "[e]ither be tried in accordance with international standards or ... [be] returned to the UK.",32 In fact, the United States released all nine British citizens from Guantanamo Bay.33 The British government did not arrest five of these men upon their return to the United Kingdom, but they remain on twenty-four hour surveillance. 34 The five re- turned to their homes within days of their arrival back in the United King- dom.35 The four final British detainees released from captivity face the prospect of house arrest, but are currently free without charge and permitted 28 Morris, supra note 2.